Chapter-11-Garbage-Refuse-Collection-Disposal

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CHAPTER 11
GARBAGE AND REFUSE COLLECTION AND DISPOSAL
11.01 INTRODUCTION. Recycling ordinance for the City of Platteville.
A.
Findings and Declaration of Policy. The City of Platteville finds that reusable
materials are currently being needlessly landfilled. Grant County currently has no
landfill space. Mandatory recycling encourages conservation and reuse of certain
materials, saves landfill space and prolongs the life of landfills. It is therefore
declared to be the purpose of this ordinance to require mandatory recycling of
recyclable items and to protect and promote health, safety, prosperity and general
welfare of the people of the City of Platteville.
B.
Intent and Purpose. The purpose of this ordinance is to reduce the amount of
recyclable items which are currently placed in landfills and to preserve the
environment.
C.
Statutory Authority. This ordinance is adopted as authorized under Section
287.09(3)(b) Wisconsin Statutes.
D.
Severability. If any section, provision or portion of this ordinance is found
unconstitutional or invalid by a court, the remainder of the ordinance shall not be
affected.
E.
Applicability. This ordinance shall apply to each owner or occupant of any
business, industry, place of commerce or other place providing goods or services of
any kind and to each owner or occupant of any single family residence, two-family
residence or multi-family dwelling unit and to all other covered activities within the
corporate limits of the City of Platteville.
F.
Administration. The provisions of this ordinance shall be administered by the
Director of Public Works.
G.
Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal,
abrogate, annul, impair or interfere with any existing rules, regulations, ordinances
or permits previously adopted or issued pursuant to law. However, wherever this
ordinance imposes greater restrictions, the provisions of this ordinance will govern.
H.
Interpretation. In their interpretation and application, the provisions of this
ordinance shall be held to be the minimum requirements and shall not be deemed a
limitation or repeal of any other power granted by the Wisconsin Statutes. Where
any terms or requirements of this ordinance may be inconsistent or conflicting, the
more restrictive requirements or interpretations shall control.
Updated 11/21/07
CHAPTER 11
Garbage and Refuse Collection and Disposal
11.02 DEFINITION OF TERMS. The following definitions shall be used for purposes of
this ordinance:
A.
Brush shall include tree limbs and bushes less than 8” in diameter but more than ½
inch and tree limbs and woody stems less than ½ inch and inconvenient to bag.
B.
City shall mean City of Platteville.
C.
Collection shall mean the picking up and collecting of all garbage and refuse which
is deposited in standard containers. Collection shall also include the transporting of
such garbage and refuse.
D.
City of Platteville Marked Bag is a specially marked bag issued by the City. These
bags are used to designate proper bags for disposal.
E.
Commercial shall refer to a structure containing wholly or in part an establishment
for goods or services.
F.
Garbage shall mean animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food, including small game. All wet
garbage shall be drained and wrapped and deposited in a standard container(s) as
defined below. Newspaper used as a wrapper for wet garbage need not be
recycled.
G.
Industrial shall mean a manufacturing operation or its equivalent operating wholly or
partly within the City boundaries.
H.
Institutional shall mean any school, college, church, hospital, nursing home or
public building wholly or partly within the City boundaries.
I.
Multi-Family Residential shall mean a structure with accommodations for more than
two (2) families under common ownership. These include fraternities, sororities,
mobile home parks, apartment buildings, but exclude condominiums.
J.
Newspaper means a newspaper and other materials printed on newsprint.
K.
Recyclable Materials for purposes of this ordinance, means and includes lead acid
batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated
paper or other container board; foam polystyrene packaging; glass containers;
magazines; newspaper; office paper; rigid plastic containers, including those made
of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins; steel
containers; waste tires and bi-metal containers.
L.
Recycling shall mean the collection and marketing of designated materials for
reprocessing or reuse.
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M.
Refuse means all matters produced from industrial or community life, subject to
decomposition, not defined as sewage.
N.
Residential shall mean a building having accommodations for and occupied
exclusively by no more than two (2) families, having the status of single family or
duplex dwelling units, regardless of zoning status. Condominiums where individual
units of a structure, identified as individual tax roll parcels, are occupied by a singlefamily are also considered residential, despite having more than two (2) families in
the same structure.
O.
Sewage means the water carried wastes created in and to be conducted away from
residences, industrial establishments and public buildings as defined in Wisconsin
Statutes Section 101.01(12), with such surface water or groundwater as may be
present.
P.
Solid Waste means any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant or air pollution control facility and other discarded or
salvageable materials, including solid, liquid, semisolid or contained gaseous
materials resulting from industrial, commercial, mining and agricultural operations
and from community activities, but does not include solids or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return flows or
industrial discharges which are point sources subject to permits under Wisconsin
Statutes Chapter 281, or special nuclear or by-product material as defined under
Wisconsin Statutes Section 196.47 and 16.11(2)(m).
Q.
A Standard Garbage or Refuse Container, under this ordinance, shall be a can or
container of not more than thirty-five (35) gallon capacity or equivalent which has a
tight fitting lid and handles and which is waterproof or a plastic garbage bag or bags
of suitable strength and not to exceed the same size and capacity. If the container
has a liner, that liner shall also be a plastic bag not exceeding the same size and
capacity.
R.
Yard Wastes shall include, but not be limited to, grass clippings, holiday trees,
leaves, brush clippings, branches less than ½” in diameter and two (2) feet in
length, weeds and garden debris. Other materials not specified, but may be
included if suitable for compost and approved by the Director of Public Works.
11.03 GENERAL PROVISIONS
A.
No burying. It is unlawful for any person to bury or landfill solid waste or
recyclables within the boundaries of the City.
B.
No burning. Burning of solid waste and/or recyclables is prohibited. (Refer to
nuisance ordinances.)
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Garbage and Refuse Collection and Disposal
C.
No dumping. 1. It shall be unlawful for any person to dispose of or dump garbage
in any street, alley or other public place within the City of Platteville or in any
receptacles or private property without the owner’s consent.
2.
No person shall place for collection any garbage at the curb not owned or
occupied by such person.
D.
Garbage from outside of municipality. It is unlawful to bring refuse from outside the
corporate limits into the City of Platteville for disposal unless authorized by
agreement with the municipality or by agreement between haulers licensed by the
state and with the City of Platteville.
E.
Non disposable materials. 1. It shall be unlawful for any person to place for
disposal any of the following wastes: hazardous and toxic waste, chemicals,
explosives, flammable liquids and paint.
2.
It is unlawful for any person to introduce chemical, petroleum waste or other
liquid wastes into the City storm water drainage system.
F.
Provide space for recycling in public buildings. A person in the City of Platteville
owning or occupying a new public building or a public building that is remodeled or
expanded by 50% or more in floor area, shall provide a designated area for the
separation, temporary storage and collection of solid waste and recyclables either
within or adjacent to the building. All new construction of commercial or multi-family
structures in the city shall comply with COMM 61-65, Space for Recyclable
Material.
G.
Antiscavenging or Unlawful removal of recyclables. It shall be unlawful for any
person, unless under contract with or licensed by the City, to collect or remove any
recyclable material that has been deposited or placed at the curb or in a container
adjacent to a home or nonresidential building for the purpose of recycling.
H.
Storage. The storage of garbage, refuse and/or recyclables on a property must
comply with Platteville Municipal Code 5.03 Health and Human Safety.
I.
Separation requirements exempted. The separation requirements of Section 11.05
do not apply to the following:
1.
Occupants of residential, multi-family residential, commercial, industrial and
institutional facilities and properties that send their post-consumer waste to a
processing facility licensed by the Wisconsin Department of Natural
Resources that recovers the materials specified in Section 11.05(a)(1),
(b)(1), (c)(1) and including the following: lead acid batteries, major
appliances, waste oil, bi-metal containers, corrugated paper or other
container board, foam polystyrene packaging, glass containers, magazines,
office paper, rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP,
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PS and other resins or multiple resins, steel containers and waste tires from
solid waste in as pure a form as is technically feasible.
2.
Solid waste which is burned as a supplemental fuel at a facility if less than
30% of the heat input to the facility is derived from the solid waste burned as
supplemental fuel.
3.
Recyclable material as follows: aluminum containers, bi-metal containers,
corrugated paper or other container board, foam polystyrene packaging,
glass containers, magazines, newspaper, office paper, rigid plastic
containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or
multiple resins, steel containers and waste tires for which a variance has
been granted by the Department of Natural Resources under Section
287.11(2m), Wisconsin Statutes, or s.NR 544.14, Wisconsin Administrative
Code.
J.
Care of separated recyclable materials. To the greatest extent practicable, the
recyclable materials separated in accordance with Section 11.05(a)(1) and (c)(1)
shall be clean and kept free of contaminants such as food or product residue, oil or
grease, or other non-recyclable materials, including but not limited to household
hazardous waste, medical waste and agricultural chemical containers. Recyclable
materials shall be stored in a manner which protects them from wind, rain and other
inclement weather conditions.
K.
Management of lead acid batteries, major appliances, waste oil, waste tires and
yard waste. Occupants of residential, multi-family residential, commercial, industrial
and institutional facilities and properties shall manage lead acid batteries, major
appliances, waste oil, waste tires and yard waste as follows:
L.
1.
Lead acid batteries, major appliances, waste oil and waste tires shall be
disposed of at an approved facility.
2.
Yard waste shall be maintained in accordance with Section 11.04 A.3.,
Section 11.04 B.8. or Section 11.04 c.8. City of Platteville Municipal Code as
applicable.
Preparation and collection of recyclable materials. Except as otherwise directed by
the City of Platteville, occupants of residential, multi-family residential, commercial,
industrial and institutional facilities and properties shall do the following for the
preparation and collection of the separated materials specified as follows:
1.
Aluminum containers shall be rinsed free of product residue. The containers
shall be placed in the approved recycling bin and placed upon the curb on
the day designated for collection.
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2.
Bi-metal containers shall be rinsed free of product residue. The containers
shall be placed in the approved recycling bin and placed upon the curb on
the day designated for collection.
3.
Corrugated paper board shall be free of debris, flattened, stacked and tied
and placed upon the curb on the day designated for collection.
4.
Foam polystyrene packaging shall be rinsed free of product residue. The
containers shall be placed in the approved recycling bin and placed upon the
curb on the day designated for collection.
5.
Glass containers (clear, green and brown) shall be rinsed free of product
residue, lids and metal rings removed and discarded in the regular garbage.
The containers shall be placed in the approved recycling bin and placed
upon the curb on the day designated for collection.
6.
Magazines shall be free of debris, stacked and tied or placed in bin and
placed upon the curb on the day designated for collection.
7.
Newspapers shall be free of debris, stacked and tied or placed in bin and
placed upon the curb on the day designated for collection.
8.
Office paper shall be free of debris and placed in the approved recycling bin
and placed upon the curb on the day designated for collection.
9.
Rigid plastic containers shall be prepared and collected as follows:
(a)
Plastic containers made of PETE, labeled by the SPI code #1, but
including only soda and clear liquor bottles, shall be rinsed free of
product residue and caps shall be removed and discarded in the
regular garbage. The containers shall be placed in the approved
recycling bin and placed upon the curb on the day designated for
collection.
(b)
Plastic containers made of HDPE, labeled by the SPI code #2, but
including only milk, mild detergent and water bottles, shall be rinsed
free of product residue and caps shall be removed and discarded in
the regular garbage. The containers shall be placed in the approved
recycling bin and placed upon the curb on the day designated for
collection.
(c)
Plastic containers made of PVC, labeled by the SPI code #3, shall be
rinsed free of product residue and caps shall be removed and
discarded in the regular garbage. The containers shall be placed in
the approved recycling bin and placed upon the curb on the day
designated for collection.
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10.
M.
Garbage and Refuse Collection and Disposal
(d)
Plastic containers made of LDPE, labeled by the SPI code #4, shall
be rinsed free of product residue and caps shall be removed and
discarded in the regular garbage. The containers shall be placed in
the approved recycling bin and placed upon the curb on the day
designated for collection.
(e)
Plastic containers made of PP, labeled by the SPI code #5, shall be
rinsed free of product residue and caps shall be removed and
discarded in the regular garbage. The containers shall be placed in
the approved recycling bin and placed upon the curb on the day
designated for collection.
(f)
Plastic containers made of PS, labeled by the SPI code #6, shall be
rinsed free of product residue and caps shall be removed and
discarded in the regular garbage. The containers shall be placed in
the approved recycling bin and placed upon the curb on the day
designated for collection.
(g)
Plastic containers made of other resins or multiple resins, shall be
rinsed free of product residue and caps shall be removed and
discarded in the regular garbage. The containers shall be placed in
the approved recycling bin and placed upon the curb on the day
designated for collection.
Steel containers shall be rinsed free of product residue. The containers shall
be placed in the approved recycling bin and placed upon the curb on the day
designated for collection.
Prohibitions on Disposal of Recyclable Materials Separated for Recycling. No
person may dispose of in a solid waste disposal facility or burn in a solid waste
treatment facility any of the following materials: aluminum containers, bi-metal
containers, corrugated paper or other container board, foam polystyrene packaging,
glass containers, magazines, newspaper, office paper, rigid plastic containers
made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins,
steel containers and waste tires which have been separated for recycling, except
waste tires may be burned with energy recovery in a solid waste treatment facility.
11.04 SOURCE SEPARATION AND PREPARATION REQUIRED. The owners or
occupants of each residence and non-residential enterprise shall prepare solid waste for
collection in accordance with the procedures set forth in this section.
A.
Residential. The owners or occupants of each residence within a structure housing
one or two residences shall:
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1.
2.
Garbage and Refuse Collection and Disposal
Separate or cause to be separated and prepare or cause to be prepared for
collection the following: recyclable materials, garbage, lead acid batteries,
major appliances, waste oil, yard waste and waste tires in accordance with
Section 11.03 K & L.
Service and Collection – (a) Each dwelling is entitled to two containers or
bags of garbage waste to be serviced by the residential garbage contractor.
Two family dwellings are entitled to four containers or bags of garbage
waste. Additional garbage waste must be bagged in a City of Platteville
marked bag which may be obtained at City Hall or selected retail stores at a
cost established by the City Manager.
(b)
Collection and disposal of garbage and refuse by the contractor shall
take place at least once each week at each dwelling in the City and
the contractor shall establish and make public routes and pickup
times for each residence. Pickup times shall be from 7:00 a.m. to
5:30 p.m. on Mondays through Fridays. All containers for recycling
and refuse shall be at the curb or near the street edge for collection
by 7:00 a.m. on the day designated for collection. Such containers
shall not be put out for collection earlier than 3:00 p.m. of the day
preceding the scheduled collection day. No pickups shall be made at
residences at any other times except by prior arrangement between
the contractor and the resident(s) involved. All containers for
recycling and refuse shall be removed from the front yard by 5:30
p.m. on the day following collection.
(c)
Recyclable items will be collected each week, or as designated by the
City Manager, on the same day as garbage/refuse collection and will
be collected at the curb, as defined above. The owners or occupants
of each residence shall be required to purchase a plastic recycling bin
from the City for the purpose of separation and collection. The City
Manager may promulgate reasonable rules regarding the recycling of
designated materials, including the amount charged for recycling
bins.
(d)
The City or its contractor shall not be obligated to pick up garbage
containers weighing over fifty (50) pounds each, or to collect solid
waste or recyclables set out or prepared in a manner other than as
required by this ordinance. The contractor may decline to pick up the
entire collection and shall attach a tag to the container stating the
reason(s) for refusing the collection.
(e)
There shall be no collection on the following holidays: New Years
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas Day. The route normally picked up on the above
listed holidays shall be done on the following working weekday.
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Other variations of the pick-up schedule are permitted, but they must
be advertised in advance.
3.
4.
(f)
The City shall establish one pick-up in the spring and one in the fall to
remove materials from residential areas.
Types of materials
approved for pick-up, the dates and the procedures will be
determined and published by the Director of Public Works.
(g)
Disposal of materials generated from construction, demolition or
remodeling projects requiring a building permit shall be the
responsibility of the homeowner.
Yard Wastes – The City will pick up and dispose of yard wastes placed at
the curb during spring and fall clean-up periods as established in Section
11.04 A.2(f). The dates and procedures will be established and published
by the Director of Public Works.
(a)
Residents needing to dispose of yard waste during summer months
between the spring and fall clean-up periods must place material for
disposal in a City of Platteville marked bag. Procedures for provision
of this service will be determined and published by the Director of
Public Works.
(b)
The Director of Public Works may establish a yard waste clean-up at
other times if a community-wide need exists (violent storms).
Brush – The City will chip and dispose of brush placed curbside in a neat
pile with the tree limb ends facing the curb, in a manner that does not block
or obstruct a sidewalk. Brush removal shall be done in intervals established
by the Director of Public Works.
(a)
Tree limbs and woody stems greater than 8” in diameter may be
disposed by the property owner, any contractor paid by the owner, or
by the City, if prior arrangements have been made with the Director of
Public Works. The property owner shall pay all expenses incurred by
the City for disposal of such debris.
5.
The City or its contractor shall also provide a drop off point for recyclables.
The City may designate additional materials for collection at the drop off
location in addition to materials designated for the residential curbside
service. Disposal fees may be applied to disposal of some materials.
6.
Inspection Authority – The Department of Public Works of the City has the
right to inspect recyclable materials separated for recycling and postconsumer waste intended for disposal to determine compliance with the
provisions of this ordinance.
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B.
Garbage and Refuse Collection and Disposal
7.
Refunds – Refunds or credits will not be issued to any person not using the
City’s refuse service.
8.
Materials that shall not be considered garbage or refuse or recyclable
material and which must be disposed of by the property owner, are but not
limited to: earth, sod, rocks, concrete, ashes, full carcasses (dressed or
undressed) of dead animals, furniture, mattresses, appliances, (white goods)
materials from the remodeling or construction of homes or buildings, such as
plaster or scrap lumber, yard waste, tires, drain oil from engines, large
appliances (washers, dryers, refrigerators, water heaters, stoves) and tree
trunks or branches larger than 8” in diameter.
Multi-Family Residential. The owner or owners or designated agents of each multifamily residential structure shall:
1.
Separate or cause to be separated and prepare or cause to be prepared for
collection the following: recyclable materials, garbage, lead acid batteries,
major appliances, waste oil, yard waste and waste tires in accordance with
Section 11.03 K & L.
2.
Provide adequate, separate containers, within easy access of all apartments
for the collection and disposal of refuse, garbage and recyclable materials.
Owners or tenants must provide their own collection and service through a
licensed waste hauler in accordance with the City of Platteville’s Garbage
and Refuse Collection and Disposal Ordinance.
3.
Notify tenants, including seasonal tenants, in writing at the time of renting or
leasing the dwelling and at least semi-annually thereafter about the
established recycling program and post a copy of the procedures required
by this ordinance prominently near the solid waste and recycling collection
area(s).
4.
Notification shall include reasons to recycle, which materials are collected,
how to prepare recyclables, collection methods or sites, locations and hours
of operation and a contact person or company, including a name, address
and telephone number.
5.
The requirements specified in (2), (3) and (4) do not apply to the owners or
designated agents of multi-family dwellings if the post-consumer waste
generated within the dwelling is treated at a processing facility licensed by
the Department of Natural Resources that recovers for recycling the
materials specified as follows: aluminum containers, bi-metal containers,
corrugated paper or other container board, foam polystyrene packaging,
glass containers, magazines, newspaper, office paper, rigid plastic
containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or
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multiple resins, steel containers and waste tires from solid waste in as pure a
form as is technically feasible.
C.
6.
Provide for the removal of recyclables, solid waste and yard waste
generated by the residents. If a contractor is employed for removal of solid
waste and recyclables the contractor must be a licensed waste handler.
7.
Inspection Authority – The Department of Public Works of the City has the
right to inspect recycling and solid waste storage and receiving areas in all
multi-family facilities in the City.
8.
The disposal of yard waste and brush shall be the responsibility of the
property owner. It is illegal to send yard waste for disposal with solid waste
or recyclables.
Commercial and Industrial and Institutional:
commercial structures in the City must:
Owners or designated agents for
1.
Separate or cause to be separated and prepare or cause to be prepared for
collection the following: recyclable materials, garbage, lead acid batteries,
major appliances, waste oil, yard waste and waste tires in accordance with
section 11.03 K & L.
2.
Provide adequate and separate containers for collection and disposal of
refuse, garbage and recyclable wastes generated as part of the operation of
the business and wastes generated by employees and customers at that
location. Owners or designated agents must provide their own collection
and service through a licensed waste hauler in accordance with the City of
Platteville’s Garbage and Refuse collection and Disposal Ordinance.
3.
Notify employees, including seasonal employees, at the time of hiring and
post a copy of the written procedures required by this ordinance prominently
near solid waste and recycling collection location(s).
4.
Notification shall include reasons to recycle, which materials are collected,
how to prepare recyclables, collection methods or sites, locations and hours
of operation and a contact person or company, including a name, address
and telephone number.
5.
The requirements specified in (2), (3) and (4) do not apply to the owners or
designated agents of non-residential facilities and properties if the postconsumer waste generated within the facility or property is treated at a
processing facility licensed by the Department of Natural Resources that
recovers for recycling the materials specified as follows: aluminum
containers, bi-metal containers, corrugated paper or other container board,
foam polystyrene packaging, glass containers, magazines, newspaper,
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office paper, rigid plastic containers made of PETE, HDPE, PVC, PP, PS
and other resins or multiple resins, steel containers and waste tires from
solid waste in as pure a form as is technically feasible.
6.
Provide for the removal of recyclables, solid waste and yard waste
generated by employees and customers. If a contractor is employed for
removal of solid waste and recyclables the contractor must be a licensed
waste handler.
7.
Inspection Authority – The Department of Public Works of the City has the
right to inspect recycling and solid waste storage and receiving areas on all
commercial and institutional facilities in the City.
8.
The disposal of yard waste and brush shall be the responsibility of the
property owner. It is illegal to send yard waste for disposal with solid waste
or recyclables.
11.05 LICENSED WASTE HANDLER
A.
No person or business shall engage in the collection, purchase, transportation or
disposal of solid waste or recyclables generated within the City without having first
obtained a license from the City unless:
1.
The person is an employee on duty of the City.
2.
The person is collecting and transporting solid waste generated at his own
residence or non-residential enterprise.
3.
The person is collecting and transporting solid waste generated at the
residence of a relative of that person, the person makes no charge for that
service and no license is otherwise required by the State of Wisconsin.
4.
The person has obtained a waiver of the licensing requirement by the
approval of the City Council.
B.
City license procedures are covered in Chapter 31.
C.
Waste haulers who collect solid waste or recyclables in the City for storage,
treatment, processing, marketing or disposal shall obtain and maintain all
necessary municipal and state permits, licenses and approvals prior to collecting
any materials in the City.
D.
No person or corporation shall engage in the business of hauling recyclables within
the City without being licensed by DNR under section NR 502.06, Wisconsin
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Administrative Code unless licensing has been waived by the City Council in
accordance with Section 11.05A4.
E.
Waste handlers operating in the City are required to maintain and report in writing
to the City at least twice each year the types and amounts of materials removed
from the City. Licensed haulers transferring solid waste not generated in the City
need not report those quantities. Reports shall include: the amount of solid waste,
the amounts of recyclables processed and/or marketed by item and the final
disposal location of solid waste. The amounts of solid waste shall be determined
by weighing the material. The amounts of recyclable material may be estimated by
weighing a sample of each material collected unless otherwise specified and
required differently by the DNR. The sample shall be the total material of each type
collected for a complete disposal cycle (i.e., if the material is picked up weekly then
the sample must be one weeks collection). A sample must be taken for each
reporting period. The report shall include the sample weights for reporting period.
F.
All solid waste must be sent to a licensed landfill, or a licensed incinerator.
G.
Waste haulers may not dispose in a landfill or burn in a solid waste facility any
recyclable materials (aluminum containers, bi-metal containers, corrugated paper or
other container board, foam polystyrene packaging, glass containers, magazines,
newspaper, office paper, rigid plastic containers made of PETE, HDPE, PVC,
LDPE, PP, PS and other resins or multiple resins, steel containers and waste tires
from solid waste) generated in the City that have been separated for recycling,
except waste tires may be burned with energy recovered in a solid waste treatment
facility. Material losses of recyclables due to weather damage shall be permitted,
but the quantities and type of material transferred from recyclable to refuse shall be
reported as part of the solid waste haulers semi-annual report to the City.
H.
Recyclable materials and refuse, upon placement at the curb, shall become the
property of the hauler. Recyclable materials, upon collection by any permitted
collector, shall become the property of the contractor.
I.
The City Council reserves the right to designate additional solid waste materials as
recyclable or currently collected materials as no longer recyclable and to either add
or delete them from any collection services provided by the municipality or its
contractors. The municipality shall provide written notice to its service recipients of
this declaration.
J.
The City shall establish the time of collection of solid waste and recyclables.
K.
All containers used for the transportation and collection of solid waste shall be
constructed such that material does not fall out or leak. Vehicles shall be kept in
good repair and clean. If solid waste shall escape from any container or vehicle, the
operator shall return the solid waste to the container or vehicle and clean the area
thoroughly.
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L.
Solid waste cannot be commingled with recyclables for storage or transportation.
M.
Any contractor operating in the City shall not transport for processing any
recyclables to a processing facility unless that facility has been approved by the
City and the facility is approved by the WI DNR under Section NR 544.16,
Wisconsin Administrative Code.
11.06 ENFORCEMENT/PENALTIES
A.
A violation of any of the provisions in Section 11.03 A-K & M may be subject to the
penalties as set out in Section 11.06 D.
B.
A violation of the required source separation and preparation in addition to any
incurred cost may result in the following actions and/or penalties:
1.
One and two family residence – Any garbage/refuse or recyclables placed
for pick-up which are not prepared as required in Section 11.03 L or Section
11.04 A, will not be picked up and may result in the entire collection being
refused.
The occupant of the residence may:
(a)
correct the violation and retain the material for the next regular
pickup, and if this results in material for disposal in excess of the two
(2) container limit the resident shall be responsible to use a City of
Platteville marked bag for the overload, or
(b)
contact the City for an investigation. The City, within twenty-four
hours, shall investigate tagged containers/bags and if no violation is
found as a result of correction by the occupant or by mistake on the
part of the contractor, the City Department of Public Works will deliver
the material to the contractor for disposal. If a violation is confirmed,
the City will not deliver the material to the contractor and it will be the
responsibility of the occupant to lawfully dispose of the tagged
material.
2.
Multi-family residential: Failure to comply with Section 11.03 L or Section
11.04 B may result in a penalty as set out in Section 11.06 D.
3.
Commercial and industrial and institutional: Failure to comply with Section
11.03 L or Section 11.04 C may result in a penalty as set out in Section
11.06 D.
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CHAPTER 11
Garbage and Refuse Collection and Disposal
C.
Any person who violates section 11.03 M or section 11.05 may be required to forfeit
$50.00 for a first violation, may be required to forfeit $200.00 for a second violation
and may be required to forfeit $2000.00 for a third or subsequent violation.
D.
Any person who violates a provision of the City of Platteville Municipal Code
Chapter 11 shall be subject to the following penalties:
1.
First offense: Issuance of a warning by the City of Platteville Director of
Public Works.
2.
Second offense within a 12 month period: Issuance of a citation by the
Director of Public Works. The fine shall be $10.00 plus court costs and loss
of collection services for a period of 30 days.
3.
Third and Subsequent Offenses within a 12 month period: Issuance of a
citation by the Director of Public Works. The fine shall be $50.00 plus court
costs and the loss of collection services for a period of 6 months.
The issuance of a warning or citation shall not preclude proceeding under any other
ordinance or law relating to the same or any other matter. Proceeding under any
other ordinance or law relating to the same or any other matter shall not preclude
the issuance of a warning or citation under this ordinance.
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